Queens woman fights to stop early jail release for thief who stole her house, calls on pols to end the practice

Jennifer Merin wants lawmakers to end the practice of early jail release granted to inmates for good behavior after a man who used a phony deed to steal her house is leaving Rikers early on good behavior. (Debbie Egan-Chin/New York Daily News)

During the sentencing, Aloise even said: "I'm going to sentence you to one year. And I will recommend that he does every single day of it."

Merin stands outside her home in Laurelton, Queens. (Debbie Egan-Chin/New York Daily News)

Aloise added that if Beatty came up for early release, Merin would be given an opportunity to oppose it.

However, he is now scheduled for release from Rikers Island on April 30 for good behavior — and Merin was not given a chance to argue against it. She was also unaware that Beatty could be released before his full term was up.

"I was promised that I would be notified if he was scheduled for early release, and given an opportunity to speak before the decision was made," Merin told the Daily News.

Darrell Beatty, his sons and his dog did substantial damage to Jennifer Merin's home, pictured after it was opened up by three sheriffs and a city marshall in 2014. (Debbie Egan-Chin/New York Daily News)

"I only found out by chance. Beatty not shanking someone in jail has no restorative value to what he did in his crime. He's being told by being let out early that crime pays."

Merin has decided to challenge Beatty's release and has been peppering city officials with questions about the longstanding practice in the justice system.

"The incentive to behave well should be that the convict gets out at the end of the sentence — because the sentence was deemed punishment commensurate with the crime," she said.

Beatty is seen outside a Queens courthouse in 2014. He was sentenced to a year behind bars for theft, but is eligible for early release due to good behavior. (Anthony DelMundo/New York Daily News)

"Good behavior while in custody does not alter the nature of the crime that is being punished, nor does it ameliorate the impact of that crime on the victim. If the convict doesn't behave well while in custody, the infraction should be deemed a new crime and more time should be added."

Under New York State Correction Law 803, inmates are given one-third of their sentence off for good behavior.

Who exactly is in charge of the decision remained murky. Various law enforcement agencies gave The News conflicting information.

The state Office of Court Administration said: "While judges have limited discretion to enroll defendants in certain programs that may permit early release ... generally early release is an Executive Branch function."

In response, a DOC spokesman said "if you abide by our rules and have no infractions on your record, you are automatically released on 'good time' if you are eligible under N.Y. Correction Law 804."